Homes in Multiple Occupancy Licence

A Multiple Occupancy Homes Licence (HMO) is a house or flat occupied by 3 or more unrelated persons who share one or more basic amenity with each other i.e a toilet, personal washing facilities and a facility for the preparation or provision of cooked food. The term can apply to hostels, shared flats, bedsits, student halls of residence and supported accommodation. A licence is required for this type of accommodation.

Any registered landlord who wishes to rent out their property to 3 or more unrelated people, by law, are required to obtain a HMO Licence. It is a criminal offence to operate a HMO without a licence and the maximum penalty for doing so is currently £50,000.

Complete the online form.

Alternatively, application packs can be requested by contacting the HMO Licensing team at hmo.licensing@fife.gov.uk or calling 01592 583162.

Fife Council offer a free pre-application consultation appointment service. On the applicant’s request a member of the HMO Licensing team will provide one to one assistance in relation to the successful completion of the HMO Application. An appointment can be made by contacting the HMO Licensing team at the email address or phone number above.

In addition to the application form and schedules the following essential documentation must also be included when submitting a HMO application:

• Gas Safety Certificate (completed within the last 12 months)
• Electrical Installation Condition Report (completed within the last 3 years)
• Portable Appliance Test (completed within the last 12 months)
• Certificate of Service for Portable Fire Extinguishers (Completed within the last 12 months)
• Certificate of Service for Fire Warning & Automatic Detection Systems (Completed within the last 12 months)
• Fire Risk Assessment (completed or reviewed within the last 12 months)
• Tenancy/Occupancy Agreement
• Energy Performance Certificate
• Annual property insurance (this must include confirmation of property address being insured, expiry date of policy and proof of public liability insurance up to a minimum cover of £5 million)
• 2 sets of Plans to a scale of 1:50 or 1:100 (for new applications only). Further advice outlining the information required within the plans can be found in table 1, page 8 of the HMO Guidance (Schedule 8)

The fee for a new HMO Licence is determined by the number of persons living in the property. Please download the HMO Charging Structure document at the bottom of this page for further information.

Please note all fees are non-refundable in the event of a HMO Licence application being refused. We can accept payments via cheque, BACS or over the telephone. It is important when applying you advise us of your preferred payment method.

If your application is valid (application form fully completed and all supporting documentation provided and in date) you will receive an email from the HMO Licensing team confirming the date and time the property will be inspected by a member of our Economy, Planning and Employability Services (EPES) team. For new applications a member of Scottish Fire and Rescue Service will accompany the EPES officer at the inspection. EPES and Scottish Fire and Rescue Service may make recommendations for any necessary work to be carried out to bring the property up to a standard suitable for habitation. In these circumstances a report will be sent to you from the HMO Licensing team. Please note Scottish Fire and Rescue Service will send their report directly to you.

We will also confirm the date on which the public notice of application should be displayed outside the property. Please note public notices should only be displayed once advised to do so by Fife Council.

Valid applications are passed to Police Scotland in order to undergo the necessary fit and proper person checks to ensure the landlord(s) and agent (if applicable) are considered fit and proper to manage a HMO property.

The HMO Licensing team will also consult Fife Council’s planning and building standards & public safety departments as part of the HMO application process. This is to ensure any property for which a HMO Licence is being applied for has the necessary planning permission to operate as a HMO and has the required certificates of completion or building warrants for any additional work carried out to the property.

Applicants who are unsure of whether their property has planning permission to operate as a HMO are urged to contact Fife Council’s planning department at development.central@fife.gov.uk or call 03451 551122 for guidance.

Applicants who are unsure of whether their property has the necessary certificates of completion or building warrants for any additional work carried out to their property are urged to contact Fife Council’s Building Standards and Public Safety Team at bss.info@fife.gov.uk or call 03451 551122 for guidance.

Only once the HMO Licensing team receive satisfactory comments from EPES, Scottish Fire and Rescue Service, Police Scotland, Planning and Building Standards and Public Safety will the HMO Licence be issued.

If your application is invalid (application form incomplete or supporting documentation missing or expired) your entire application will be returned to you including the fee (if paying by cheque). No payment will be taken by BACS or telephone for invalid applications.

We have 12 months from the date of application to make a decision on the licence. Typically, applicants can expect the process to take between 4 and 6 months. The HMO licence lasts for a period of 3 years once granted.

If we receive representation from a member of the public or one of our partners (Police Scotland, Scottish Fire and Rescue Service etc) the HMO application will be heard at the next available Regulation and Licensing Committee. The applicant will receive a copy of the representation(s) and be advised of their right to respond to the points raised in the representation(s). They will also be invited to attend the next hearing of the committee where they will be given the opportunity to speak in support of their application. The respondent(s) will also be invited to the committee hearing where they will be given the opportunity to speak in support of their representation. The committee will decide on the day whether to uphold the objections or move the application to the next stage of the application process.

Please note that from 11th April 2019 an Overprovision Policy was agreed by Fife Council Community & Housing Services Committee for the St Andrews Area. It was agreed, in principle, that there will be no further growth in HMO’s in the defined boundary of the St Andrews area.

Please download a copy of the Guidance Notes relating to the Overprovision Policy at the bottom of the page.